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2023 Supreme(Gau) 58

ARUN DEV CHOUDHURY
Uma Sankar Yadav – Appellant
Versus
Musstt Lutfur Nessa – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr G N Sahewalla Sr. Advocate., Mr. T. J. Sahewalla, Advocate.
For the Respondent:Mr. M K Borah, Ms. M. Hazarika, Sr. Advocate.

JUDGMENT & ORDER :

1. Heard Mr. G. N. Sahewalla, learned Senior Counsel assisted by Ms. T. J. Sahewalla, learned counsel for the appellant. Also heard Ms. M. Hazarika, learned Senior Counsel assisted by Mr. M. K. Borah, learned counsel for the respondents.

2. This second appeal has been preferred against the Judgment and decree dated 05.04.2018 passed by the learned Additional District Judge No. 2, Nagaon, Assam in Title Appeal No. 16(N)/2015 whereby the Judgment and decree dated 31.08.2015 passed by the learned Civil Judge, Nagaon in Title Suit No. 19/2007 dismissing the suit of the Appellant, was upheld.

3. This court under its order dated 28.08.2018, admitted the present appeal on the following two substantial question of law:-

    1. Whether the Exhibit-Tha sale deed No. 3081/2001 can be accepted to be an invalid one on the basis of the expert opinion vis-à-vis the evidence of the witnesses and the author of the said sale deed?

2. Whether the learned court below was correct in holding that the Exhibit- Tha is invalid on the basis of the opinion of the fingerprint expert and if not, whether the evidence on record is sufficient to hold that the Exhibit-Tha, sale deed is a valid one?

4. For

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